Proceeds of Crime Act (POCA)

What does the POCA do?

POCA gives the police and prosecution the authority to carry out their investigations into your conduct and affairs, which can take a long time. Your accounts and assets may be frozen, as may those of your family or business partner(s) depending on the crime. 

You may be prevented from selling, mortgaging or disposing of assets or property, and you will need to prove how you were able to legitimately afford various aspects of your lifestyle. You may also have to submit a detailed explanation of your finances and how you obtained them, as well as any other significant assets.

Confiscation proceedings

These may be initiated upon conviction, especially if there is a question as to how much benefit has been received as a result of the illegal activity.

Restraint orders and freezing conjunctions

These may be imposed by the Crown Court, and can be applied to the assets of anyone being investigated under POCA. This essentially freezes your assets, which can prevent you from paying bills or even legal support. 

Therefore, these orders can have a serious affect on you, your family, or your business.

Civil Recovery Order

The National Crime Agency may be able to apply to the High Court for a Civil Recovery Order to recover assets that were illegally acquired.

Unexplained Wealth Order

This may be granted by the High Court in cases where an individual is suspected to hold assets that have been illegally obtained. An Unexplained Wealth Order may result in a Property Freezing Order being applied to your assets.

Cash forfeiture

POCA allows cash to be seized by the police or Border Force Officials. This may happen if it is suspected that the cash represents the benefit of criminal activity, or if it is suspected the money is to be used for the purposes of criminal activity. 

The cash may be held for up to two years, after which time it can be returned or forfeited.

Money laundering

Money laundering is a broad term that could refer to a number of activities. POCA extended state powers over the assets and affairs of anyone involved in a money laundering investigation.

You can be charged with money laundering on its own, or with the accompaniment of fraud.